(Oral)
1. Heard learned counsel for the petitioner.
2. This petition has been filed by the petitioner-Committee of Management of Budhiya Mai Banwari Sanskrit Vidyapith, Molanapur Ganjariya, District Pratapgarh through its Manager Bindhyawasini Prasad Misra, challenging the order dated 16.8.2011 passed by the Secretary, U.P. Intermediate Sanskrit Education Board, respondent no.2.
3. It has been submitted by the learned counsel for the petitioner that the institution Budhiya Mai Banwari Sanskrit Vidyapith, Molanapur Ganjariya, District Pratapgarh was being run by a trust, which is running three Sanskrit education institutions, one is situated at Varanasi, the other is situated at Phoolpur, Allahabad and third one was situated at village Molanapur Ganjariya, District Pratapgarh. The trust itself is registered in the office of the Registrar, Firms, Societies and Chits, Varanasi since 1964 and has been renewed from time to time. It has been submitted that the Sanskrit Vidyapith was established in 1976 for imparting education in Sanskrit from Prathma to Uttar Madhyama i.e. from Classes 6 to 12 and has been recognized by Sampoornand Sanskrit Vishwavidyalaya, Varanasi. Initially, there was one Principal by the name of Sri Harihar Prasad, who died in 2001. The senior most teacher of the institution Sri Ram Niwas Tiwari was asked to officiate as Headmaster.
4. The officiating Headmaster being permanent resident of a place approximately 40 Kms. from village Molanapur Ganjariya started running a parallel institution at his own village i.e. Shivpur Kalan. The Headmaster got registered a new Society with a similar name bearing Registration No.293 on 3.7.2001. The petitioner received a complaint from the residents of nearby village on the basis whereof the petitioner inquired and found of that the officiating Headmaster was running a parallel school in his village. The petitioner also inquired from the office of the District Inspector of Schools, Pratapgarh (DIOS) and from Sampoornand Sanskrit Vishwavidyalaya, Varanasi and came to know about the fraud played by the officiating Headmaster. When upon complaint being made by it, the office of DIOS conducted an enquiry and Sri Ram Niwas Tiwari made available a copy of the order dated 9.4.1987 allegedly issued by the University by which, the Budhiya Mai Banwari Sanskrit Vidyapith was allegedly transferred from village Molanapur Ganjariya to village Shivpur Kalan.
5. It has been submitted that the petitioner challenged the order dated 9.4.1987 passed by the Sanskrit University before this Court at Allahabad in Writ Petition No.25690 of 2008. The officiating Headmaster was arrayed as respondent no.8 and he filed a detailed counter affidavit, in which he admitted that he was the officiating Headmaster of the institution at Molanapur Ganjariya and on the basis of the transfer order passed by the University, the institution itself was shifted to Shivpur Kalan. In the counter affidavit, it was stated that since 2001, the institution is functioning properly and the students studying from Prathma to Uttar Madhyama are appearing in the U.P. Higher Secondary Sanskrit Examination. When the petitioner came to know about the order dated 9.4.1987, it made a request to the Sanskrit University to verify the information. On repeated applications made under the RTI Act, the Public Information Officer of the University informed that the letter dated 9.4.1987 did not relate to transfer of institution from Molanapur Ganjariya to Shivpur Kalan. The letter date 9.4.1987 had been issued with respect to one Sri Krishna Sanskrit Madhyamik Vidyalaya, Kahijari, Kanpur. On the basis of such information, the petitioner made a formal complaint before the DIOS. The enquiry report was submitted by the Principal of Government Inter College, Pratapgarh dated 13.5.2010. No action was taken on the enquiry report dated 13.5.2010 by the DIOS and respondent no.2, therefore, the petitioner filed Writ Petition No.6170 (MS) of 2010, which was disposed of by this Court with a direction to respondent no.2 to pass appropriate orders on the enquiry report. Since no orders were passed, therefore, the petitioner filed a contempt petition, namely, Criminal Misc. Case no.1224 (C) of 2011 (Vindhyawasini Prasad Misra vs. Smt. Shail Yadav). After notices were issued, respondent no.2 has rejected the case of the petitioner out of malice. It has been submitted that if the officiating Headmaster of the institution at Molanapur Ganjariya played fraud upon the trust reposed in him, the institution cannot be made to suffer.
6. By the impugned order, respondent no.2 has asked the DIOS not to permit the fake institution being run at Shivpur Kalan by Sri Ram Niwas Tiwari to fill up and deposit examination forms relating to its students but at the same time, in the order impugned it has been observed that the institution was not being run at Molanapur Ganjariya also, therefore, there was no question of it being continued. It has been submitted that the State Government has issued a Government Order dated 11.10.2008 for taking 304 institutions under grant in aid list and the DIOS has issued a Circular inviting eligible institutions to apply. The petitioner institution being recognized since 1985 is eligible in accordance with the seniority but has not been considered because of the order passed by respondent no.2 impugned in this petition.
7. Learned Standing Counsel appearing for the State respondents has pointed out from the counter affidavit filed by the DIOS that the petitioner Committee Of Management Budhiya Mai Banwari Sanskrit Vidyapith Molanapur Ganjariya, Pratapgarh through its Manager had made a complaint in the office of DIOS on the basis of which, a letter was issued on 20.11.2009 to the Principal of Government Inter College, Pratapgarh for conducting an enquiry. The enquiry report was submitted on 13.5.2010. The matter was referred thereafter to the respondent no.2. Respondent no.2 took into the information given by the University that no order dated 9.4.1987 transferring the institution had been passed by it. It therefore, directed the DIOS not to issue examination forms to be filled up by the students of the institution running at Shivpur Kalan. With respect to the petitioner on enquiry it has been found that no students from the institution situated at Molanapur Ganjariya were appearing in the examination held by respondent no.2 since 2002 therefore, the recognition stood cancelled for the institution at Molanapur Ganjariya.
8. Having heard the rival submissions, this Court has perused the impugned order carefully. In the impugned order, respondent no.2 has referred to the directions issued by this Court on 4.1.2011 by finally disposing of Writ Petition No.6170 (MS) of 2010 direction the respondent no.2 to take a decision on the enquiry report. It has thereafter referred to the facts as come out from the enquiry. It has been mentioned that the U.P. Madhyamik Sanskrit Shiksha Parishad was constituted by the State Government by a notification dated 1.11.2000 and the Parishad started holding examinations from Classes 6 to 12 for students of Sanskrit institutions w.e.f. 2002. Before 2002, such examinations were being held by Sanskrit University, Varanasi. From the date of establishment of Parishad and its holding of examination in 2002, the institution situated at Molanapur Ganjariya had not been submitting any application forms and its students had not been appearing in the examination conducted by the Parishad.
9. On the other hand, the institution being run at Shivpur Kalan had been admitted by the University to be given recognition in Sanskrit Literature and Grammer from classes of Shastri onward i.e. graduation. It had never been given any recognition from classes 6 to 12, therefore, the DIOS had been directed to ensure that no application form for students studying allegedly in institution at Shivpur Kalan be permitted to be deposited as no recognition has been given by the Parishad to the institution at Shivpur Kalan for running classes from 6 to 12. With respect to the petitioner, it was found on facts that institution at Molanapur Ganjariya had not been submitting any examination form and its students had not been appearing since 2002 i.e. from the date of establishment of Parishad therefore, there was no question of recognition as the recognition lapsed.
10. This Court finds no legal infirmity in the impugned order.
11. The writ petition being devoid of merit is dismissed.
Order Date :- 30.8.2019 Sachin